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Part 2E+WGeneral Functions of Local Authority: Wales

MiscellaneousE+W

28InspectionE+W

For the purposes of section 38 of the Education Act 1997 (c. 44) (inspection of local education authorities), the functions conferred on a Welsh local authority by or under this Part are to be regarded as [F1education functions (as defined in section 579(1) of the Education Act 1996)].

Textual Amendments

Commencement Information

I1S. 28 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

29Powers of Assembly to secure proper performance etc.E+W

(1)Section 496 of the 1996 Act (power to prevent unreasonable exercise of functions) applies in relation to a Welsh local authority and the powers conferred or duties imposed on them by or under this Part as it applies in relation to F2... the powers conferred or duties imposed on them by or under the 1996 Act.

(2)Section 497 of the 1996 Act (general default powers) applies in relation to the duties imposed on a Welsh local authority by or for the purposes of this Part as it applies in relation to the duties imposed on [F3such an authority] by or for the purposes of the 1996 Act.

(3)Section 497A of the 1996 Act (power to secure proper performance of [F4local authority]'s functions) applies in relation to a Welsh local authority's functions under this Part as it applies in relation to [F4the education functions (as defined in section 579(1) of the 1996 Act) of such an authority].

(4)Sections 497AA and 497B of the 1996 Act apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of a Welsh local authority under this Part.

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (5) of section 497A of the 1996 Act, the reference to functions to which that section applies includes (for all purposes) functions of a Welsh local authority under this Part.

(7)In this section, “the 1996 Act” means the Education Act 1996 (c. 56).